How To Get The Full Custody Of A Child Without Going To Court

August 16, 2022    Familylawyers
How To Get The Full Custody Of A Child Without Going To Court

If you go to a court for child custody issues, it can be a long, stressful and expensive option that you will take. If you wish to get full custody of your child without going to court, as parents, you can settle the visitation terms and custody in mediation.
You can schedule a mediation session, set proper goals and arrange for advice to support those goals. To be eligible for mediation, a responding spouse should not contest the terms of the divorce petition. A child custody lawyers Perth can also help you in such cases. In this blog, you will learn how to get full custody of your child without moving to court.

Can You Acquire Full Custody of Your Child Without Going to Court?

Only with the help of mediation can a parent get full custody of a child without moving to court. Under mediation, visitation and custody arrangements can easily be agreed upon and drafted without a court and then later submitted to a judge for approval.

  • Child custody is considered the legal right of a parent to make decisions for their child or see them. Courts uphold the best interests of the concerned child, and a judge can decide what custody order is right for the child and approve custody arrangements that are agreed upon and drafted by the child’s parents in mediation.
  • But you can also determine child custody outside of the court if the one who responds did not contest for a petition of divorce. Court visits are required to settle custody terms. If a respondent contested the divorce

Going to Mediation to Seek Full Child Custody without Having to Go to Court 

Mediation is one of the efficient ways for parents to settle child custody terms without involving the court. In the case of mediation, parents usually work with a neutral, unbiased or third-party mediator that can help reach an agreement.
Mediators can help you as a parent to create a parenting plan that has every of the schedules and responsibilities of parents to take care of the child. During mediation, both parents negotiate custody terms till an agreement is reached.
After this, a visitation and custody agreement is drafted and submitted to the court for a judge to sign. Agreements usually reached via visitation will not be enforceable or legally binding until a judge signs them.

Hiring a Lawyer 

If you want to acquire full custody of your child without going to court, you must hire an adoption lawyer in Perth for the mediation. You can also seek their advice outside of the court, and there are many parents who opt for lawyers to represent them in mediation sessions.

Some parents like to be advised outside of mediation and to be in session with only the mediator and the child’s other parent. Before hiring a lawyer, you can ask them what to expect in a child custody mediation.
The child custody laws in Australia can be complex for you, and an experienced lawyer can help protect your rights and to win custody without going to court. You can search online for the best lawyers who can help you get your child’s custody.

Set Meaningful Goals 

You need to set meaningful goals if you do not want to involve the court in getting full custody of your child. You must think about the custody terms you require, and then you can make a list of your preferences and non-negotiables.

If a push comes to shove, you can let the other parent of your child win the differences that are not much important. By doing so, you can take the non-negotiables home.

Gather Evidence 

After this, you can gather and prepare evidence supporting your goals. If you make any claim in mediation, you must ensure to back it with proof. This can improve your chances of strengthening your case, and you can get child custody without visiting the court.

You must collect, review and organize the documents that are specific to your case. For instance, if you claim that you pick up your child from school each day of the week, you will get a written statement from the specific teacher that confirms it to be true.

You will also like to prove that you are fit to be a parent; this is why you need to bring evidence that can prove your claim to be true. The chosen child custody lawyer can guide the discussion in a way that can protect the best interest of your child and can balance parenting rights.

Drafting and Submitting Custody Agreements 

After you have reached an agreement that can provide you primary or complete custody of your child, a lawyer or mediator will draft a final custody agreement. Under this agreement, the terms will be stated that were agreed upon in mediation.

After they are drafted and reviewed, a custody agreement will be sent to the judge for approval. The agreement will not be legally binding or enforceable before a judge signs it.

Determining the Custody Rights of the Child  

When the custody rights of a child are determined, the court can consider various factors, but they give the most important to the child’s best interests. Some of the factors that the court considers are:

  • The relationship that both the parents have with their child and their history of interacting with the child.
  • Whether a parent has been acting as the main caregiver of the child
  • Background of the child and adjustments to the home, neighborhood, school, and much more.
  • The physical and mental health of the child and both the parents
  • If the child has any special needs, either mentally or physically
  • Preferences of the child(if they are old enough to express it) and the parents.

What is a Child Custody Agreement? 

This agreement is a form of written document that can clarify the guidelines for child custody between the concerned parents. Some of the things that are included in the guidelines are as follows:

  • Which of the parent is granted legal custody of the child
  • Which of the parent has the main physical custody of the child
  • Whether the child custody is split for the parents and if one parent will have more physical custody time than the other
  • Visitation schedules are set for the noncustodial parent.

Common Questions that Are Asked at a Child Custody Hearing 

Some of the common questions that are asked at a child custody hearing are as follows:

1. What is your current financial status? 

Most judges are interested in the parent’s financial status and resources. This is to ensure that a parent will be able to take care of their child’s financial needs. Unemployed parents are not prevented from winning child custody, but explaining why and how they can financially support their child is necessary.

Child support might be determined at the same hearing, and this is why financial status might come up in the hearing. You can contact child support lawyers to know more about this. Sometimes, judges will need evidence of parental income to determine child support and custody arrangement.

2. What type of child custody arrangement are you looking for?

The judge might ask you regarding the custodial arrangement that you are seeking. Two main types of custody arrangements are sole and joint custody. Most courts choose joint custody as the child gets equal time to spend with both their parents.

The concerned judge may also try to reach a justifiable compromise for both parties. A custody arrangement might include certain details like dropoff, pickup, weekends or holidays.

3. How is communication with the other parent?  

For deciding how the parents will cooperate in custody arrangements, a judge might ask about the relationship of the parents. Most of judges prefer joint custody arrangements in which parents must communicate regularly with one another.

Parents who are unable to communicate might face more problems with joint custody arrangements. A judge usually takes communication into consideration, and there may be problems if both parents cannot cooperate with one another, there can be problems.

4. Are there informal custody arrangements between parents?

A judge may also want to know if there is a functioning custody arrangement in place between the parents. Judges prefer to maintain existing arrangements if they are working. They do this keeping the best interest of the child in mind and avoid making changes to the routine.

5. How is the relationship with your child?

A judge might also inquire about the history of the parent’s relationship with the child. You must be honest with the judge when you are going to answer. The entire will be based on decisions that are in your child’s favour.

6. What is your role in the daily life of your child? 

Depending on the current arrangement, both the parents might have an unbalanced parenting situation. In this case, the judge may inquire regarding the history of each parent’s involvement with the child and how much they take care of their child as parents.

This can assist the judge in deciding on arrangements that do not bring any major change in the child’s routine. Maintaining a good and existing routine between the child and parents is essential.

Contact Family Lawyers Perth 

If you and your partner are separated and cannot come to a conclusion regarding child custody, you can take the help of a lawyer or a mediator. When you contact Family Lawyers Perth WA, you can have access to the best lawyers that can help to resolve problems and help both parents come to a satisfactory decision without having to attend court sessions.

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